Australian Government

Federal Register of Legislation

Higher Education Funding Act 1988

In force

Administered by

Department of Education

Latest version

C2016C00171 (C52)

05 March 2016

Table of contents

Chapter 1—Introductory
- 1 Short title
- 2 Commencement
- 2A Objects of Act
- 3 Definitions
- 4 Institutions
- 5 References to payments and Acts
- 6 Proposed institutions
- 7 Provision for superannuation, long service leave or workers’ compensation
- 8 Special fund for Table A institutions
- 8A Special fund for Table B institutions
- 9 Making and variation of determinations etc.
- 10 References to the Australian Capital Territory and the Northern Territory
- 11 Application of the Criminal Code
Chapter 2—Grants for Higher Education Assistance
Part 2.1—Preliminary
- 12 Institutions to which provisions apply
- 13 Undergraduate and post graduate fees
- 14 Educational profiles
Part 2.2—Operating and other grants
- 15 Grants for expenditure for operating purposes
- 16 Grants for expenditure for limited operating purposes
- 17 Maximum grants
- 18 Conditions of grants
- 19 Grants for restructuring and rationalisation programs
- 20 Grants for superannuation expenses
- 20A Grants for special purposes
- 20B Grant to Marcus Oldham College
- 21 Proposals and grants for projects of national priority etc.
- 21A Conditions on certain grants under section 21
- 21B Grants in relation to innovation in, or quality of, higher education
- 22 Promotion of equality of opportunity
- 22A Grants to open learning organisations
- 23 Special research assistance
- 23A Grants for advanced engineering centres
- 23B Conditions of grants for advanced engineering centres
- 23BA Grants to co operative multimedia centres
- 23C Limit on total funds available for certain grants
- 24 Grants in respect of teaching hospitals
- 25 Grants in respect of drug and alcohol education in teaching hospitals
- 25A Grants to support student organisations—payments to institutions
- 25B Grants to support student organisations—direct payments
- 26 Guidelines for non building capital projects
- 27 Guidelines for special capital projects
- 27A Grants for special capital projects
- 27B Minister may give directions in relation to special capital projects
- 27C Conditions attaching to special capital grants
- 27D Expenditure on international marketing and promotion
Part 2.4—Transitional
- 28 Adjustments where estimated 1988 enrolments not equal to actual enrolments
Chapter 4—Higher Education Contribution Scheme
Part 4.1—Preliminary
- 34 Interpretation
- 35 Exempt students
- 36 Student load not to include work experience in industry
- 37 Semesters
Part 4.2—Contributions
- Division 1—Additional condition of grant of financial assistance
  - 38 Additional condition
- Division 2—Imposition and payment of contributions
- 39 Requirement to pay contributions
- 40 Annual course contribution
- 40A Annual Band amounts that apply from 1997
- 41 Requirements before enrolment or undertaking course
- 41A Institutions to give students certain information on enrolment
- 41B Certain students to give tax file number information by census date
- 41C Student must be excluded from course if tax file number information not provided
- 42 Power of Commissioner to inform institution concerning tax file number
- 42A Institution to cancel enrolment of student without tax file number
- 43 Application for issue or notification of tax file number
- 44 Issuing of tax file numbers
- 45 Current tax file number
- 46 Deemed refusal by Commissioner
- 47 Cancellation of tax file numbers
- 48 Alteration of tax file numbers
- 49 Notification of issued tax file numbers
- 50 Review of decisions
- 51 Statements to accompany notification of decisions
- 52 Unauthorised requirement etc. that tax file number be quoted
- 53 Unauthorised recording etc. of tax file number
- 54 Notice by institution
- 55 Requests for correction of notices
- 56 Overpayment of contribution
- 56A Institution to refund student payment if enrolment cancelled under section 41C
- 56B Institution to refund student payment if enrolment cancelled under section 42A
- 56C Electronic communications from students to institutions
- 56D Electronic signature of communications by students
- 56E Electronic communications from institutions to students
- Division 3—Discharge by Commonwealth of students’ liabilities for contributions
- 57 Commonwealth to discharge students’ liabilities
- 58 Institutions to provide information to Minister
Part 4.4—Repayment of loans
- Division 5—Miscellaneous
  - 78 Secrecy
Part 4.5—Abolition of Higher Education Administration Charge
- Division 4—Canberra Institute of the Arts
  - 96 Charges not to be imposed
Chapter 4A—Post graduate education loan scheme
Part 4A.1—Preliminary
- 98A Definitions
- 98AA Eligible private institution
- 98B Eligible student
Part 4A.2—Additional condition of grant of financial assistance
- 98C Additional condition
Part 4A.3—Applications for and grants of PELS loans
- Division 1—Application for PELS loan
- Division 2—Discharge by Commonwealth of students’ liability for fees
Part 4A.4—Miscellaneous
- 98K Secrecy
- 98L Annual statement
- 98M Electronic communications between students and institutions
Chapter 4B—Bridging for overseas trained professionals (BOTP) loan scheme
Part 4B.1—Introduction
- 98N Simplified outline
- 98NA No financial assistance payable
- 98P Definitions
- 98Q Occupation
- 98R Requirements for entry to occupation
- 98S Listed professional occupations and relevant assessing bodies
- 98T Assessment statement given by relevant assessing body
- 98U BOTP course
- 98V Citizenship/residency requirements
Part 4B.2—Additional condition of grant of financial assistance
- 98W Additional condition
Part 4B.3—Applications for, and grants of, BOTP loans
- Division 1—Application for BOTP loan
- Division 2—Discharge by the Commonwealth of students’ liability for fees
Part 4B.4—Miscellaneous
- 98ZD Secrecy
- 98ZE Annual statement
- 98ZF Electronic communications between students and institutions
Chapter 5—Open Learning Deferred Payment Scheme
Part 5.1—Preliminary
- 99 Interpretation
- 100 Object of Part
- 101 Eligible clients
- 103 Standard study load
Part 5.2—Charges
- Division 1—Payment of basic charges
- Division 2—Discharge by Commonwealth of clients’ liability for basic charges
  - 106D Commonwealth to discharge clients’ liabilities
  - 106E Agency to provide information to Minister
Part 5.3—Miscellaneous
- 106F Secrecy
- 106FA Annual statement
Chapter 5A—Repayment of loans made under Chapters 4, 4A, 4B and 5
Part 5A.1—Preliminary
- 106H Interpretation
- 106I Object of Part
Part 5A.2—Nature of indebtedness
- 106J HEC semester debt
- 106JA PELS semester debt
- 106JB BOTP semester debt
- 106K OL study period debt
- 106KA Semester debts do not arise after 1 January 2005
- 106L Power of Secretary to remit debt in special circumstances
- 106M Reconsideration of decision and appeal to Administrative Appeals Tribunal
- 106MA Further review of reconsideration decision concerning remission of semester debt
- 106N Calculation of accumulated HEC debt
- 106O Accumulated HEC debt discharges earlier debts
Part 5A.3—Discharge of Indebtedness
- Division 1—Voluntary discharge of indebtedness
  - 106P Voluntary payments in respect of debts
  - 106PA Repayment of debt under this Chapter
- Division 1A—Voluntary repayments of accumulated HEC debt
  - 106PB Notice to Commissioner
  - 106PC Voluntary payments in respect of accumulated HEC debt
- Division 2—Requirement to discharge indebtedness
  - 106Q Compulsory payments in respect of accumulated HEC debt
- Division 3—Returns and assessments
- Division 4—Miscellaneous
Chapter 5B—Limit on student debt to Commonwealth
Part 5B.1—Preliminary
- 106ZB Definitions
Part 5B.2—Additional condition of grant of financial assistance
- 106ZC Additional condition
Part 5B.3—Maximum permitted debt
- 106ZD Minister may determine maximum permitted debt
Part 5B.4—Loan limit notices
- 106ZE Commissioner to give loan limit notice
- 106ZF Cancelling loan limit notice
- 106ZG Consequences of loan limit notice—no amounts payable by Commonwealth
Part 5B.5—Suspension notices
- 106ZH Commissioner must give suspension notice
- 106ZJ Consequences of suspension notice—HECS courses
Part 5B.6—Secrecy
- 106ZK Secrecy
Chapter 6—Miscellaneous
- 107 Benefits of, and opportunities created by, grants to be equally available to female and male students
- 108 Additional conditions
- 109 Amendments affecting entitlements to grants
- 110 Legislative instruments
- 110A Transitional financial assistance
- 110B Commonwealth not liable where person later gives correct information
- 111 Time and manner of payments
- 112 Delegation
- 112A Application of the Taxation Administration Act 1953
- 113 Advances
- 115 Authority to borrow
- 116 Application of money borrowed
- 118 Appropriation
- 119 Report by Minister
- 120 Regulations
Schedule 1—Institutions or bodies eligible for special research assistance
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history